California Appellate Court Rejects Poorly Executed "Sign-In Wrap"--Sellers v. JustAnswer (Guest Blog Post)

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

By guest blogger Kieran McCarthy Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. Which is why it is perhaps odd that…

LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets--Atwal v. LifeLock

LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets–Atwal v. LifeLock

This is a lawsuit against LifeLock. In August or September of 2018, Atwal allegedly lost approximately $12 million worth of cryptocurrency because a third party misappropriated his credentials. A few months prior, Atwal had subscribed to a LifeLock “Ultimate Plus”…

Uber's TOS Fails in Court (Again)--Sarchi v. Uber

Uber’s TOS Fails in Court (Again)–Sarchi v. Uber

The plaintiff sued because she’s blind and an Uber driver refused to pick her up with her guide dog. Uber invoked the arbitration clause in its TOS. The Maine Supreme Court says that the TOS wasn’t properly formed. This is…

Antitrust Law Doesn’t Prevent Apple From Rejecting Apps From Its App Store–Coronavirus Reporter v. Apple

This case involves two apps that Apple rejected from its app store. The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.’” Sounds sketchy…

Airbnb Uses Section 230 to Defeat a Personal Injury Claim--Smith v. Airbnb

Airbnb Uses Section 230 to Defeat a Personal Injury Claim–Smith v. Airbnb

I was a little surprised by this ruling. The Ninth Circuit’s HomeAway ruling seemingly eliminated Section 230 for any transactions that Airbnb booked, at least in the Ninth Circuit. Yet, this court finds that Section 230 fully protects Airbnb…amazingly without…

A 512(f) Plaintiff Wins at Trial! 👀--Alper Automotive v. Day to Day Imports

A 512(f) Plaintiff Wins at Trial! 👀–Alper Automotive v. Day to Day Imports

Background A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. Congress recognized how much power it…

Comments on HB 5502, the "INFORM" Act

Comments on HB 5502, the “INFORM” Act

Today, the House Energy and Commerce Committee is marking up the INFORM Act (I think this is the latest version but who knows). The INFORM Act is like a “know-your-customer” (KYC) law for sellers in online marketplaces. It iterates on…

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn't Even a "Browsewrap")--Foster v. Walmart

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch). In this ruling, the court says Walmart may have imposed a binding arbitration clause…

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause--Nicosia v. Amazon

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon

This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of…

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

This is a lawsuit against Nike and its service provider (FullStory), which provides Nike with “session replay” functionality for its website. FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information,…